M/S P. K. Construction And Another vs State Of U.P. And 3 Others
2019 Latest Caselaw 5057 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 18137 of 2019
 

 
Petitioner :- M/S P. K. Construction And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anshu Chaudhary
 
Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Prakash Padia,J.

Heard Sri Anshu Chaudhary, learned counsel for the petitioners, learned Standing Counsel for the respondents no.1 and 2 and Sri Kuldeep Singh Chauhan, learned counsel for the respondents no.3 and 4.

The petitioners were granted certain contracts of the civil nature by the respondents no.3 and 4. Admittedly they have completed the work and part payment has already been released to them but the balance amount of Rs.19,094,62/- is not being released for want of necessary funds.

The aforesaid balance amount is an admitted amount as per the letter of the Executive Officer dated 14.5.2019 filed as annexure 7 to the writ petition. The shortage of funds is not a ground to deny payment to the petitioners.

In view of the aforesaid facts and circumstances, we issue an interim mandamus directing the respondents no.3 and 4 to make the payment of the balance amount as referred to above to the petitioners within a period of six weeks from today or to show cause by filing counter affidavit within the same period.

List this petition after six weeks.

Order Date :- 27.5.2019

Pramod Tripathi